Muniyandi v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.15107 of 2024 Muniyandi ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Revenue and Disaster Management, Fort St.George, Chennai - 9.

2.The Commissioner of Land Administration, Chepauk, Chennai - 5.

3.The District Collector, 4.The District Revenue Officer, Theni.

5.The Assistant Director of Survey, 6.The Thasildar, Bodinayakkanur Taluk, 1/6

7.The Executive Engineer, Public Works Department, Water Resources Department, 8.M.K.Mohammed Meeran 9.N.K.Peer Mohammed 10.N.K.Rafia Ammal @ Beerasmmal 11.Syed Ali Pathammal 12.Kathar Kutty @ Shek Abdul Kather 13.K.P.K.Ayiesh Ammal 14.M.K.Mohemmeed Suthan 15.Ayesha Ammal 16.Mohemmed Pathu Ammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the patta vide number 1911 issued by the 6th respondent infavour of the respondents 8 to 16 and quash the same as illegal and further more direct the respondents 1 to 7 to remove the encroachment made by the private respondents 8 to 16 in the Water body namely Bodenthrapuram Tank, in Survey No.137/1 to an extent of 19.15 acres situated in Bodenthrapuram, Uppukkottai Village, Bodi Taluk, Theni District and retained it was water body. 2/6

For Petitioner : Mr.R.Rajaraman For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R7.

ORDER

Though the learned counsel for the petitioner is right in his contention that the petition mentioned land was originally classified as water body, we are not in a position to interfere in view of the judgment and decree dated 13.07.1979 rendered in A.S.No.677 of 1975 by the High Court. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 30.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Additional Chief Secretary to Government, Revenue and Disaster Management, Fort St.George, Chennai - 9.

2.The Commissioner of Land Administration, Chepauk, Chennai - 5.

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3.The District Collector, 4.The District Revenue Officer, Theni.

5.The Assistant Director of Survey, 6.The Thasildar, Bodinayakkanur Taluk, 7.The Executive Engineer, Public Works Department, Water Resources Department, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.07.2024 6/6